§ 2.2-3703. Public bodies and records to which chapter inapplicable; voter
registration and election records.

A. The provisions of this chapter shall not apply to:

1. The Virginia Parole Board, except that (i) information from the Virginia
Parole Board providing the number of inmates considered by such Board for
discretionary parole, the number of inmates granted or denied parole, and the
number of parolees returned to the custody of the Department of Corrections
solely as a result of a determination by such Board of a violation of parole
shall be open to inspection and available for release, on a monthly basis, as
provided by § 2.2-3704 and (ii) all records concerning the finances of the
Virginia Parole Board shall be public records and subject to the provisions of this
chapter. The information required by clause (i) shall be furnished by offense, sex,
race, age of the inmate, and the locality in which the conviction was obtained,
upon the request of the party seeking the information;

2. Petit juries and grand juries;

3. Family assessment and planning teams established pursuant to § 2.2-5207; and

4. The Virginia State Crime Commission; and

5. The Commitment Review Committee and any documents, evaluations, assessments
and proceedings involving the commitment of sexually violent predators under Article
1.1 (§ 37.1-70.1 et seq.) of Chapter 2 of Title 37.1.

B. Public access to voter registration and election records shall be governed
by the provisions of Title 24.2 and this chapter. The provisions of Title 24.2
shall be controlling in the event of any conflict.

The following words and phrases when used in this article shall have the
following meanings, unless the context clearly indicates otherwise:

"Commissioner" means the Commissioner of the Department of Mental Health,
Mental Retardation and Substance Abuse Services.

"Defendant" means any person charged with a sexually violent offense who is
deemed an unrestorably incompetent defendant pursuant to § 19.2-169.3 and is
referred to the Attorney General for commitment review pursuant to § 37.1-70.6.

"Director" means the Director of the Department of Corrections.

“Hospitalization” means appropriate treatment, as determined by the
Commissioner of Mental Health, Mental Retardation, and Substance Abuse Services, for persons
civilly committed in accordance with this act.

"Mental abnormality" or "personality disorder" means a congenital or acquired
condition that affects a person's emotional or volitional capacity and renders
the person so likely to commit sexually violent offenses that he constitutes a
menace to the health and safety of others.

"Sexually violent offense" means an instant violation of (i) a felony
conviction under former § 18-54, former § 18.1-44, §§ 18.2-61, 18.2-67.1, or §
18.2-67.2 or subdivision A 1 of § 18.2-67.3 or (ii) a felony conviction under
the laws of the Commonwealth for a forcible sexual offense committed prior to July 1,
1981, where the criminal behavior on which the conviction is based is set forth
in § 18.2-67.1 or § 18.2-67.2 or subdivision A 1 of § 18.2-67.3.

"Sexually violent predator" means any person who (i) has been convicted of a
sexually violent offense or has been charged with a sexually violent offense
and is unrestorably incompetent to stand trial pursuant to § 19.2-169.3 and(ii) suffers from because of a mental abnormality or personality
disorder, finds it difficult to control his predatory behavior which makes him likely to engage in
sexually violent acts.

In hearings and trials held pursuant to this article, prisoners and defendants
shall have the following rights:

1. To receive adequate notice of the proceeding.

2. To be represented by counsel.

3. To remain silent or to testify.

4. To be present during the hearing or trial.

5. To present evidence and to cross-examine witnesses.

6. To view and copy all petitions and reports in the court file.

In no event shall a prisoner or defendant be permitted, as a part of any
proceedings under this article, to raise challenges to the validity of his prior
criminal sentences or institutional convictions.

In the event the prisoner or defendant refuses to cooperate with the mental
health examination required under § 37.1-70.5, the court may admit evidence of
such refusal and may bar the prisoner or defendant from introducing his own expert
psychiatric or psychological evidence.

A. The Director of the Department of Corrections shall establish a Commitment
Review Committee (CRC) to screen, evaluate, and make recommendations regarding
prisoners in the custody of the Department of Corrections for the purposes of
this article. The CRC shall be under the supervision of the Department of
Corrections. Members of the CRC and any licensed psychiatrists or licensed
clinical psychologists providing examinations under subsection B of § 37.1-70.5
shall be immune from personal liability while acting within the scope of their
duties except for gross negligence or intentional misconduct.

B. The CRC shall consist of seven members to be appointed as follows: (i) three
full-time employees of the Department of Corrections, appointed by the Director
of the Department of Corrections; (ii) three full-time employees of the
Department of Mental Health, Mental Retardation and Substance Abuse Services,
appointed by the Commissioner, at least one of whom shall be a psychiatrist or
psychologist licensed to practice in the Commonwealth of Virginia who is
skilled in the diagnosis of mental abnormalities and personality disorders
associated with violent sex offenders; and (iii) one assistant or deputy
attorney general, appointed by the Attorney General. Initial appointments by
the Director and the Commissioner shall be for terms as follows: one member
each for two years, one member each for three years, and one member each for
four years. The initial appointment by the Attorney General shall be for a term
of four years. Thereafter, all appointments to the CRC shall be for terms of
four years, and vacancies shall be filled for the unexpired terms. Five members
shall constitute a quorum.

C. The CRC shall meet at least monthly and at other times as it deems
appropriate. The CRC shall elect a chairman from its membership to preside
during meetings.

A. The Director shall establish and maintain a treatment program for prisoners
convicted pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2
and committed to the custody of the Department of Corrections. Such program shall
include a clinical assessment of all such prisoners upon receipt into the
custody of the Department of Corrections and the development of appropriate
treatment plans if indicated. This program shall be operated under the
direction of a licensed clinical psychiatrist or licensed clinical psychologist
who is experienced in the diagnosis and treatment of mental abnormalities and
disorders associated with criminal sexual offenders.

B. The Director of the Department of Corrections shall establish and maintain a
database of prisoners in his custody who are incarcerated for sexually violent
offenses. The database shall include the following information regarding each
prisoner: (i) the prisoner's criminal record, (ii) the prisoner's sentences and
scheduled date of release, and (iii) the appropriate locality for a commitment
petition.

C. Each month, the Director shall review the database of prisoners incarcerated
for sexually violent offenses and identify all such prisoners who are scheduled
for release from prison no earlier than ten within 10 months, but no later than
eight months from the date of such review who receive a score of four or more
on the Rapid Risk Assessment for Sexual Offender Recidivism or a like score on a
comparable, scientifically validated instrument as designated by the
Commissioner. Upon the identification of such prisoners, the Director shall
forward their name, their scheduled date of release, and a copy of their file to the
CRC for assessment.

A. Within forty-five90 days of receiving notice from the Director pursuant to
§ 37.1-70.4 regarding a prisoner who is incarcerated for a sexually violent
offense, the CRC shall (i) complete its assessment of such prisoner for
possible commitment pursuant to subsection B and (ii) forward its
recommendation regarding the prisoner, in written form, to the Attorney General
pursuant to subsection C.

B. CRC assessments of prisoners incarcerated for sexually violent offenses
shall include a mental health examination, including a personal interview, of
the prisoner by a licensed psychiatrist or a licensed clinical psychologist,
designated by the Commissioner of the Department of Mental Health, Mental
Retardation and Substance Abuse Services, who is skilled in the diagnosis and
treatment of mental abnormalities and disorders associated with violent sex
offenders, and who is not a member of the CRC. The licensed psychiatrist or
licensed clinical psychologist shall determine whether the prisoner is a
sexually violent predator as defined in § 37.1-70.1 and forward the results of
this evaluation and any supporting documents to the CRC for its review. The CRC
assessment shall also include consideration of the prisoner's score on the
Rapid Risk Assessment for Sexual Offender Recidivism or a comparable, scientifically
validated instrument as designated by the Commissioner and a review of (i) the
prisoner's institutional history and treatment record, if any; (ii) the prisoner's
criminal background; and (iii) any other factor which is relevant to the
determination of whether such prisoner is a sexually violent predator.

C. Following the examination and review of a prisoner conducted pursuant to
subsection B, the CRC shall recommend that such prisoner (i) be committed as a
sexually violent predator pursuant to this article; (ii) not be committed, but
be placed in a conditional release program as a less restrictive alternative;
or (iii) not be committed because he does not meet the definition of a sexually
violent predator. To assist the Attorney General in his review, the Department
of Corrections, the CRC, and the psychiatrist or psychologist who conducts the
mental health examination pursuant to this section shall provide the Attorney
General with all evaluation reports, prisoner records, criminal records,
medical files, and any other documentation relevant to determining whether a
prisoner is a sexually violent predator.

D. Pursuant to clause (ii) of subsection C, the CRC shall recommend that a
prisoner enter a conditional release program if it finds that (i) such prisoner
does not need inpatient hospitalization, but needs outpatient treatment and
monitoring to prevent his condition from deteriorating to a degree that he
would need inpatient hospitalization; (ii) appropriate outpatient supervision
and treatment are reasonably available; (iii) there is significant reason to
believe that the prisoner, if conditionally released, would comply with the
conditions specified; and (iv) conditional release will not present an undue
risk to public safety.

A. Upon receipt of a recommendation by the CRC regarding a prisoner
incarcerated for a sexually violent offense or upon receipt of a court order
referring an unrestorably incompetent defendant for review pursuant to §
19.2-169.3, the Attorney General shall have forty-five90 days to conduct a
review of such prisoner or defendant and (i) file a petition for the civil commitment of such
prisoner or defendant as a sexually violent predator and stating sufficient
facts to support such allegation or (ii) notify the Director and Commissioner
in the case of a prisoner, or the referring court and the Commissioner in the
case of an unrestorably incompetent defendant, that he will not file a petition
for commitment. Petitions for commitment shall be filed in the circuit court
wherein the prisoner was last convicted of a sexually violent offense or
wherein the defendant was deemed unrestorably incompetent and referred for
commitment review pursuant to § 19.2-169.3.

B. In determining whether to file a petition to civilly commit a prisoner under
this article, the Attorney General shall review (i) the CRC recommendation and
its reasoning; (ii) the results of the mental health examination conducted
pursuant to § 37.1-70.5; (iii) the prisoner's institutional history and
treatment record, if any; (iv) the prisoner's criminal offense history; and (v) any
other factor relevant to the determination of whether the prisoner should be
civilly committed. Although the Attorney General shall consider the CRC
recommendation as part of the review, the CRC recommendation is not binding
upon the Attorney General.

C. In determining whether to file a petition to civilly commit a defendant
under this article, the Attorney General shall review (i) the defendant's
warrant or indictment, (ii) the competency report completed pursuant to §
19.2-169.1, (iii) the report and recommendations prepared by the director of the
defendant's treating facility pursuant to § 19.2-169.3, (iv) the defendant's
criminal offense history, (v) information about the alleged crime, and (vi) any
other factor relevant to the determination of whether the defendant should be
civilly committed.

A. Within forty-five90 days after the completion of the probable cause hearing
held pursuant to § 37.1-70.7, the court shall conduct a trial to determine
whether the person who is the subject of the petition is a sexually violent
predator.

B. The Attorney General or the person who is the subject of the petition shall
have the right to a trial by jury. Seven persons from a panel of thirteen 13
shall constitute a jury in such cases. If a jury determines a person to be a
violent sexualsexually violent predator, a unanimous verdict shall be
required. If no demand is made by either party for a trial by jury, the trial shall be before
the court.

C. The court or jury shall determine whether, beyond a reasonable doubt by
clear and convincing evidence, the person who is the subject of the petition is
a sexually violent predator. If the court or jury is not satisfied beyond a
reasonable doubt does not find clear and convincing evidence that the person is
a sexually violent predator, the court shall, in the case of a prisoner, direct
that he be returned to the custody of the Department of Corrections until his
scheduled date of release, or that the prisoner be unconditionally released if
his scheduled date of release has passed. In the case of a defendant, if the
court or jury is not satisfied beyond a reasonable doubt does not find by clear
and convincing evidence that the defendant is a sexually violent predator, the
court shall order that the defendant be released, committed pursuant to §
37.1-67.3, or certified pursuant to § 37.1-65.1.

If the court or jury finds the person to be a sexually violent predator, the
court shall then determine the nature of treatment the person is to receive. If
the court finds, in its determination of treatment needs, that alternatives to
involuntary confinement and treatment have been investigated and deemed
unsuitable and there is no less restrictive alternative to institutional
confinement and treatment, the judge shall by written order and specific
findings so certify and order that the person be committed to the custody of
the Department of Mental Health, Mental Retardation and Substance Abuse
Services for appropriate treatment and confinement in a secure facility
designated by the Commissioner. Persons committed pursuant to this article are
subject to the provisions of §§ 19.2-174.1 and 37.1-134.21.

However, if the court finds, in determining the treatment needs of a person
found to be a sexually violent predator, that less restrictive alternatives to
institutional confinement and treatment have been investigated and are deemed
suitable, and if the judge finds specifically that the person meets the
criteria for conditional release set forth in § 37.1-70.13, the judge shall
order outpatient treatment, day treatment in a hospital, night treatment in a
hospital, outpatient involuntary treatment with anti-psychotic medication pursuant
to § 37.1-134.21, or such other appropriate course of treatment as may be
necessary to meet the needs of the individual. The community services board
which serves the political subdivision in which the person resides Department
of Mental Health, Mental Retardation and Substance Abuse Services shall
recommend a specific course of treatment and programs for provision of such
treatment. The community services boardand shall monitor the person's
compliance with such treatment as may be ordered by the court under this section unless the
person is on parole or probation, in which case the parole or probation officer shall monitor
the person's compliance, and the person's failure to comply with involuntary
outpatient treatment as ordered by the court may be admitted into evidence in
subsequent hearings held pursuant to the provisions of this article. Upon
failure of the person to adhere to the terms of the outpatient treatment, the
judge may revoke the same and, upon notice to the person undergoing outpatient
treatment and after a hearing, order the person committed as a sexually violent
predator for treatment at a hospital.

In the event of a mistrial, the court shall direct that the prisoner remain in
the secure custody of the Department of Corrections or the defendant remain in
the secure custody of the Department of Mental Health, Mental Retardation and
Substance Abuse Services until another trial is conducted. Any subsequent trial
following a mistrial shall be held within forty-five90 days of the previous
trial.

All proceedings conducted hereunder are civil proceedings. However, no
discovery other than that provided in § 37.1-70.2 shall be allowed without
prior leave of court, which may deny or limit discovery in any such proceeding.
Under no circumstances shall the prisoner or defendant be entitled to receive a copy
of the Victim Impact Statement or the presentence investigation report,
provided that counsel for the prisoner or defendant may, upon motion to the
court and for good cause shown, review the Victim Impact Statement or
presentence investigation report outside the presence of his client.

Any person committed pursuant to this article shall be placed in the custody of
the Department of Mental Health, Mental Retardation and Substance Abuse
Services for control, care and treatment until such time as the person's mental
abnormality or personality disorder has so changed that the person will not
present an undue risk to public safety. Such control, care and treatment shall
be provided at a facility operated by The Department of Mental Health, Mental
Retardation and Substance Abuse Services and located inside the secure
perimeter of a Department of Corrections' facility shall provide such control,
care and treatment at a facility operated by it, or may contract with private or public
entities, within or without the Commonwealth, and with other states to provide comparable
control, care or treatment. At all times, persons committed for control, care
and treatment by the Department of Mental Health, Mental Retardation and Substance
Abuse Services pursuant to this article shall be kept in a secure facility and
such. Persons committed under this article shall be segregated by sight and
sound at all times from prisoners in the custody of the Director a correctional
facility. The Commissioner may make treatment and management decisions
regarding committed persons in his custody without obtaining prior approval of or
review by the committing court.

A. The committing court shall conduct a hearing twelve 12 months after the date
of commitment to assess each committed person's need for inpatient hospitalization. A hearing for
assessment shall be conducted at yearly intervals for five years and at biennial intervals
thereafter. The court shall schedule the matter for hearing as soon as possible
after it becomes due, giving the matter priority over all pending matters
before the court.

B. Prior to the hearing, the Commissioner shall provide to the court a report
reevaluating the committed person's condition and recommending treatment, to be
prepared by a licensed psychiatrist or a licensed clinical psychologist who
shall be skilled in the diagnosis and treatment of mental abnormalities and
personality disorders associated with violent sex offenders, and qualified by
training and experience to perform forensic evaluations. If the Commissioner's
report recommends release or the committed person requests release, the
committed person's condition and need for inpatient hospitalization shall be
evaluated by a second person with such credentials who is not currently
treating the committed person. Any professional person who conducts a second
evaluation of a committed person shall submit a report of his findings to the
court and the Commissioner. A copy of any report submitted pursuant to this
subsection shall be sent to the Attorney General.

C. The burden of proof at the hearing shall be upon the Commonwealth to prove
to the court beyond a reasonable doubt by clear and convincing evidence that
the committed person remains a sexually violent predator.

D. If the court finds, based upon the report and other evidence provided at the
hearing, that the committed person's condition has so changed that he is no
longer a sexually violent predator, the court shall (i) release the committed
person from confinement if he does not need inpatient hospitalization and does
not meet the criteria for conditional release set forth in § 37.1-70.13,
provided the court has approved a discharge plan prepared jointly by the
hospital staff and the appropriate community services board by the Department
of Mental Health, Mental Retardation and Substance Abuse Services or (ii) place
the committed person on conditional release if he meets the criteria for conditional
release, and the court has approved a conditional release plan prepared jointly
by the hospital staff and the appropriate community services board Department
of Mental Health, Mental Retardation and Substance Abuse Services. However, if
the court finds that the committed person remains a sexually violent predator,
it shall order that he remain in the custody of the Commissioner for secure
inpatient hospitalization and treatment.

A. The Commissioner may petition the committing court for conditional or
unconditional release of the committed person at any time he believes the
committed person's condition has so changed that he is no longer a sexually
violent predator in need of treatment and secure confinement. The petition
shall be accompanied by a report of clinical findings supporting the petition
and by a conditional release or discharge plan, as applicable, prepared jointly
by the hospital and the appropriate community services boardDepartment of
Mental Health, Mental Retardation and Substance Abuse Services. The committed
person may petition the committing court for release only once in each year in which
no annual judicial review is required pursuant to § 37.1-70.11. The party
petitioning for release shall transmit a copy of the petition to the Attorney
General and to the Commissioner.

B. Upon the submission of a petition pursuant to this section, the committing
court shall conduct the proceedings according to the procedures set forth in §
37.1-70.11.

At any time the court considers the committed person's need for inpatient
hospitalization pursuant to this article, it shall place the committed person
on conditional release if it finds that (i) based on consideration of the
factors which the court must consider in its commitment decision, he does not
need inpatient hospitalization but needs outpatient treatment or monitoring to
prevent his condition from deteriorating to a degree that he would need
inpatient hospitalization; (ii) appropriate outpatient supervision and
treatment are reasonably available; (iii) there is significant reason to
believe that the committed person, if conditionally released, would comply with
the conditions specified; and (iv) conditional release will not present an
undue risk to public safety. The court shall subject a conditionally released
committed person to such orders and conditions it deems will best meet the
committed person's need for treatment and supervision and best serve the
interests of justice and society.

The community services board serving the locality in which the committed person
will reside upon releaseDepartment of Mental Health, Mental Retardation and
Substance Abuse Services, or if the person is on parole or probation, the
person's parole or probation officer, shall implement the court's conditional release
orders and shall submit written reports to the court on the committed person's
progress and adjustment in the community no less frequently than every six months.
The community services board Department of Mental Health, Mental Retardation
and Substance Abuse Services or, if the person is on parole or probation, the
person's parole or probation officer, shall send a copy of each written report
submitted to the court and copies of all correspondence with the court pursuant
to this section, to the Attorney General and to the Commissioner.

A judicial officer may issue an emergency custody order, upon the sworn
petition of any responsible person, or upon his own motion, based upon probable
cause to believe that a person on conditional release within his judicial
district has violated the conditions of his release and is no longer a proper
subject for conditional release. The emergency custody order shall require a
law-enforcement officer take the person into custody immediately and transport
him to a convenient location specified in the order where a person designated
by the community services boardDepartment of Mental Health, Mental Retardation
and Substance Abuse Services who is skilled in the diagnosis and treatment of
mental abnormalities and personality disorders shall, as soon as practicable,
evaluate him for the purpose of determining the nature and degree of violation of the
conditions of his release. A copy of the petition shall be sent to the Attorney
General and the Commissioner.

The person on conditional release shall remain in custody until a hearing is
held in the circuit court on the motion or petition to determine if he should
be returned to the custody of the Commissioner. Such hearing shall be given
priority on the court's docket. If upon hearing the evidence, the court finds
that the person on conditional release has violated the conditions of his
release and that the violation of conditions was sufficient to render him no
longer suitable for conditional release, the court shall revoke his conditional
release and order him returned to the custody of the Commissioner for inpatient
treatment. The person may petition the original committing court for re-release
pursuant to the conditions set forth in § 37.1-70.12 no sooner than six months
from his return to custody. The party petitioning for re-release shall transmit a
copy of the petition to the Attorney General and to the Commissioner.

A. The committing court may modify conditions of release or remove conditions
placed on release pursuant to § 37.1-70.13, upon petition of the supervising
community services boardDepartment of Mental Health, Mental Retardation and
Substance Abuse Services, the supervising parole or probation officer, the
Attorney General, or the person on conditional release, or upon its own motion based
on reports of the supervising community services board Department of Mental
Health, Mental Retardation and Substance Abuse Services or the supervising
parole or probation officer. However, the person on conditional release may
petition only annually commencing six months after the conditional release
order is issued. Upon petition, the court shall require the supervising
community services board Department, or, if the person is on parole or
probation, the person's parole or probation officer, to provide a report on the
person's progress while on conditional release. The party petitioning for
release shall transmit a copy of the petition to the Attorney General and to
the Commissioner.

B. As it deems appropriate based on the community services board's Department's
or parole or probation officer's report and any other evidence provided to it,
the court may issue a proposed order for modification or removal of conditions. The
court shall provide notice of the order, and their right to object to it within
ten 21 days of its issuance, to the person, the supervising community
services board Department or parole or probation officer, and the Attorney
General. The proposed order shall become final if no objection is filed within
ten 21 days of its issuance. If an objection is so filed, the court shall
conduct a hearing at which the person on conditional release, the Attorney General,
and the supervising community services boardDepartment or the parole or
probation officer, have an opportunity to present evidence challenging the proposed order. At
the conclusion of the hearing, the court shall issue an order specifying conditions of release
or removing existing conditions of release.

§ 37.1-70.16. Representation of Commonwealth and person subject to commitment;
nature of proceedings.

The Attorney General shall represent the Commonwealth in all proceedings held
pursuant to this article, except in emergency commitment hearings held pursuant
to § 37.1-70.14. The Attorney General shall receive prior written notice of all
proceedings held under this article in which he is to represent the Commonwealth.

The court shall appoint counsel for the person subject to commitment or
conditional release pursuant to subsection B of § 37.1-70.7 unless such person
waives his right to counsel. The court shall consider appointment of the person who
represented the person in previous proceedings.

Any person held in custody as mentally ill may by petition for a writ of habeas
corpus have the question of the legality of his detention determined by a court
of competent jurisdiction. Upon the petition, after notice to the authorities
of the hospital or other institution in which such person is confined, the
court shall in some courtroom of such county or city, or in some other
convenient public place in such county or city determine whether such person is
mentally ill and whether he should be detained. Any proceeding to challenge
the continued confinement of a person held in custody under Article 1.1 (§
37.1-70.1 et seq.) of Chapter 2 of this title shall be conducted in accordance
with § 37.1-70.11.

§ 37.1-104. Procedure when person confined in hospital or other institution.

If the person mentioned in § 37.1-103 is held in custody and actually confined
in any hospital or other institution, he may file his petition in the circuit court
of the county or the city in which such hospital or other institution is located or
in the circuit court of the county or the city adjoining the county or city in
which such hospital or other institution is located. Any proceeding to
challenge the continued confinement of any person held in custody under Article 1.1
(§ 37.1-70.1 et seq.) of Chapter 2 of this title shall be conducted in the
circuit court wherein the person was last convicted of a sexually violent offense or
wherein the defendant was deemed unrestorably incompetent and referred for
commitment pursuant to § 19.2-169.3.

§ 37.1-104.1. Procedure when person not confined in hospital or other
institution.

In all cases, other than those provided for in § 37.1-104, the person may file
his petition in the circuit court of the county or the city in which he resides, or
in which he was certified to be mentally ill, or in which an order was entered
authorizing his retention for continued hospitalization, pursuant to Chapter 2,
Article 1 (§ 37.1-63 et seq.) of this title. Any proceeding to challenge the
continued confinement of any person held in custody under Article 1.1 (§
37.1-70.1 et seq.) of Chapter 2 of this title shall be conducted in the circuit
court wherein the person was last convicted of a sexually violent offense or wherein
the defendant was deemed unrestorably incompetent and referred for commitment
pursuant to § 19.2-169.3.

2. That, in the event the Department contracts with a public or private entity
to provide care and treatment for sexually violent predators, the Department
shall give weight to selection of an entity that has demonstrated ability to
provide treatment to sexually violent predators and has demonstrated ability to
protect the public.

3. That an emergency exists and this act is in force from its passage,
notwithstanding the provisions of Items 49 C and 331 C1 of Chapter 899 of the
Acts of Assembly of 2002.

4. That, notwithstanding the provisions of Items 49 C and 331 C1 of Chapter 899
of the Acts of Assembly of 2002, the provisions of Chapters 946 and 985, as
they may be amended, of the Acts of Assembly of 1999 shall become effective on
the effective date of this act.

5. That the third enactments of Chapter 946 and Chapter 985, as amended, of the
Acts of Assembly of 1999 are amended and reenacted as follows:

3. That the effective date of this act is January 1, 2003the date of enactment
of House Bill 1400, House Bill 2445 or Senate Bill 1149 of the 2003 General Assembly Session, whichever is the first to
be enacted.

3. That the effective date of this act is January 1, 2003the date of enactment
of House Bill 1400, House Bill 2445 or Senate Bill 1149 of the 2003 General Assembly Session, whichever is the first to
be enacted.

6. That notwithstanding the provisions of § 37.1-70.7 of the Code of Virginia,
from the effective date of this act until July 1, 2004, upon the filing of a
petition alleging that a person is a sexually violent predator, the circuit
court shall schedule a hearing within 60 days to determine whether probable
cause exists to believe that the person named in the petition is a sexually
violent predator.